Tu

The issue before us is whether hearsay testimony presented at the preliminary hearing in this case comports with the standards announced in Whitman v. Superior Court (1991) 54 Cal.3d 1063 [ 2 Cal.Rptr.2d 160 , 820 P.2d 262 ], We hold that it does not.

Facts

Thang Quy Tu was charged with two counts of first degree murder with the use of a firearm and multiple-murder special circumstances were alleged. (Pen. Code, § 190.2, subd. (a)(3).) Two police officers, John Wong and Rick Peterson, testified at Tu’s preliminary hearing. The primary investigating officer, Detective Larry Martinez, was in Mexico and did not testify.

Wong testified that on or about December 24, 1990, he talked to Martinez about a double homicide that had occurred a day or two earlier. Martinez told Wong that the victims were a male Asian and a female Asian and that the suspect was a male Asian.

On December 29, 1990, Wong acted as translator for a percipient witness, Puo Piu So. Wong presented a photo lineup to So, explaining the process in English and in Cantonese. So identified Tu, stating that Tu’s picture “looks like the person who did the shooting. I saw him before when he brought in his children.…